Question 1

Under certain circumstances direct intentional discrimination is acceptable.In Canada,such legal discrimination is called:

Accepted Answer

Bona fide occupational qualification refers to the legal right of an employer to discriminate against an individual based on a prescribed qualification that is necessary for the job. This is permissible in Canada under specific circumstances such as when a particular skill or characteristic is essential for job performance, and it would be impracticable to employ someone who does not have that qualification.

Question 2

Legally actionable workplace harassment includes incidents or behaviours that occur:

Accepted Answer

Legally actionable workplace harassment can occur anytime or anyplace, as long as it is employment-related. It is not limited to just the workplace or working hours, and can involve anyone in the workplace, not just supervisors and their subordinates.

Question 3

Recently the Supreme Court has decided in regards to same-sex couples that:

Accepted Answer

In 2020, the Supreme Court ruled that discrimination based on sexual orientation and gender identity is a violation of Title VII of the Civil Rights Act, which prohibits employment discrimination based on sex. This decision prohibits discrimination against LGBTQ+ individuals in the workplace, establishing sexual orientation as a protected class.

Question 4

When there is no intention to discriminate but discrimination occurs nonetheless this is called:

Accepted Answer

Systemic discrimination refers to patterns of behavior or practices that may not be intended to discriminate, but have discriminatory effects. This can result from societal or institutional practices that unintentionally disadvantage certain groups.

Question 5

The Canadian Human Rights Act prohibits discriminating against a person if:

Accepted Answer

The Canadian Human Rights Act prohibits discriminating against a person who has been convicted of an offence for which a pardon has been issued. This means that if a person has gone through the process of obtaining a pardon, they should not face discrimination based on their criminal record. It is important to note that this protection only applies after a pardon has been granted; individuals who have not yet received a pardon may still face discrimination based on their criminal record.

Question 6

A Canadian Human Rights Commission ruling has said that nepotism:

Accepted Answer

The Canadian Human Rights Commission ruling states that nepotism amounts to a form of discrimination.

Question 7

All the following are examples of indirect discrimination except:

Accepted Answer

Requirements that an attendant in a women's locker room must be female is not an example of indirect discrimination because it is a bona fide occupational qualification (BFOQ). A BFOQ is a job requirement that is reasonably necessary to the normal operation of the business and that cannot be met by a person of a particular sex. In this case, the requirement that the attendant be female is necessary to protect the privacy of the women using the locker room.

Question 8

The following prohibited grounds for discrimination are common to all human rights acts in Canada except:

Accepted Answer

The prohibited grounds for discrimination in Canada include race, colour, sex, physical or mental disability, religion, age, marital status, and sexual orientation. However, family status is not included in all human rights acts in Canada, although it is prohibited in some provincial and territorial laws.

Question 9

While it is illegal to recruit,hire and promote employees based upon a person's sex,it is not illegal:

Accepted Answer

The concept of bona fide occupational qualifications (BFOQ) allows an employer to hire and treat employees differently based on sex or other protected characteristics if it is necessary for the performance of a particular job. For example, a women's clothing store may only hire female models or a religious organization may only hire individuals who share their beliefs. However, the BFOQ exception is narrow and must be job-related and necessary to the normal operation of the business. Therefore, choice (C) is the correct answer. Choices (A), (B), (D) and (E) are all forms of sex discrimination and are generally illegal under Title VII of the Civil Rights Act of 1964.

Question 10

Certain types of disabilities do not require assistive technology or tangible accommodations (i.e.specially designed ergonomic chair);however they may require accommodations in other forms such as all of the following except:

Accepted Answer

Driving services are not typically considered a workplace accommodation for disabilities, as they relate to transportation rather than adjustments or support within the work environment.

Question 11

Federal Court rulings have indicated that drug and alcohol dependencies:

Accepted Answer

Federal Court rulings have indicated that drug and alcohol dependencies can be interpreted as disabilities under the Canadian Human Rights Act. This means that employers must provide reasonable accommodation and support for employees with such dependencies, rather than simply terminating them. While employees with dependencies may still be subject to discipline or dismissal for any job-related misconduct or poor performance, their status as individuals with disabilities must be taken into consideration in such decisions.

Question 12

No person should be denied employment because of a disability and voluntary adjustments to a workplace are made for special needs employees.This is referred to as:

Accepted Answer

The term "reasonable accommodation" refers to adjustments made to a workplace to accommodate the special needs of an employee with disabilities, ensuring they have the same opportunities to perform their job duties as employees without disabilities. It is a requirement under the Americans with Disabilities Act (ADA) and prohibits discrimination based on a person's disability. BFOQ is not relevant to this question as it refers to certain qualifications that are necessary for a particular job, such as gender, religion, or national origin. Adjusted requirements and systemic changes are not commonly used terms in this context. Reverse discrimination involves discrimination against a majority group in favor of a minority group and is not relevant to this question.

Question 13

Indirect or systemic discrimination occurs when:

Accepted Answer

Indirect or systemic discrimination occurs when employment practices exclude specific groups for reasons that cannot be shown to be job-related. This can happen unintentionally, but the consequences can still be discriminatory.

Question 14

In a recent ruling the Supreme Court established new criteria to define a bona fide occupational qualification,including that:

Accepted Answer

The Supreme Court's new criteria for a bona fide occupational qualification state that the standard must be established in an honest belief that it is rationally connected to the proper performance of the job. This means that the standard must have some connection to job performance, so A and C are not correct. There is no requirement that the standard only applies to certain groups, so D is also not correct. While the Employment Equity Act may restrict certain types of discrimination in hiring, it is not directly relevant to the definition of a bona fide occupational qualification, so E is not correct.

Question 15

An employer has a duty to accommodate an employee's human rights up to the point:

Accepted Answer

The duty to accommodate an employee's human rights is subject to the point of "undue hardship". This means that an employer must make reasonable efforts to accommodate an employee's needs up to the point where it would cause the employer significant difficulty or expense. The threshold for what constitutes "undue hardship" will vary depending on the circumstances.

Question 16

Harassment may include all the following except:

Accepted Answer

Innocent compliments are not considered as harassment unless they are unwanted and unreasonable in frequency or content.

Question 17

Sexual harassment only applies if the complainant is:

Accepted Answer

The answer of Sexual harassment only applies if the complainant...

Question 18

An employer must accommodate an employee's religious practices unless:

Accepted Answer

An employer must accommodate an employee's religious practices unless such accommodation presents an "undue hardship" to the employer. This means that the accommodation would cause significant difficulty or expense for the employer. The other options listed are not valid reasons for an employer to deny religious accommodation.

Question 19

The courts have ruled that terminating someone's employment due to their age:

Accepted Answer

The courts have determined that it is not discriminatory to terminate an employee due to their age if they have reached the normal retirement age for that profession. This is typically around 65 years old.

Question 20

Relevant considerations of the principle of "undue hardship" include all the following except:

Accepted Answer

The principle of "undue hardship" considers factors like financial cost, disruption, morale, and interchangeability, but not the employer's reluctance to accommodate, which is not a valid consideration.

Quiz 4: Meeting Legal Requirements